M.R. Shah, J.

Feeling aggrieved and dissatisfied by the impugned judgment and decree passed by the learned Judge, Commercial Court, Vadodara, in Commercial Civil Suit No.108/2016 (Old Case No.: Special Summary Suit No.77/2011) by which the learned Judge has partly decreed the said suit and has passed a decree against the appellants herein - original defendants for a sum of Rs.3, 61,33,579/- along with interest at the rate of 12% p.a. from the date of filing of the suit till the date of decree and 9% p.a. from the date of decree till realization of the amount, the original defendants have preferred the present First Appeal under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as "the Commercial Courts Act") read with Section 96 of the Code of Civil Procedure, 1908.

2. The facts leading to the present First Appeal in nutshell are as under:

2.1 That the respondent - original plaintiff (hereinafter referred to as the original plaintiff) initially filed summary suit agains